Recently, we discussed the basics of defective product cases, including what your settlement can account for. Today, we will look at the specific grounds for defective product victims to get financial relief for getting hurt—or even for a family member’s death. You can seek compensation under all grounds in the same lawsuit.
Defective products cases are complicated and hard-fought. Protect your rights to a South Carolina accident injury settlement. Get your questions answered in a free*, no pressure strategy session with a Spartanburg, SC personal injury attorney. Call toll free at (864) 582-0416 or fill out a Get Help Now form.
This means the manufacturer is accountable even if it used all possible care in making the product, and even if you didn’t buy it directly from them.
But it’s nowhere near as easy as it sounds. A basic part of these cases is proving an “alternative feasible design.” That means the victim must prove another design of the same product existed, which cost about the same and worked about as well, which would have prevented the injury.
You can’t get punitive damages if you win under strict liability.
“Negligence” is the legal word for “carelessness.” There are three ways to recover for manufacturer carelessness for a defective product, which applies even if you didn’t buy it directly from them:
A warranty is the manufacturer’s promise a product will perform a certain way. “Breach” means “break.” Breach of warranty is basically the manufacturer’s broken promise the product will work safely.
There are three main types of warranty:
While the law gives a lot of ways for innocent victims to recover, these cases require a lot of expert help to prove. They need to be carefully researched legally to be sure the case can be proven from an expert standpoint. But if you’ve been seriously hurt or lost a loved one from a defective product, being part of these cases can be worth it, since you can help make the world a safer place by calling out a manufacturer for selling a product that harms or kills.
Feel free to start a live chat right where you are to schedule a free strategy session to investigate whether your loss can be proven to be caused by a legally defective product.
RELATED LINKS:
· What You Have to Prove to Win a South Carolina Injury Case · Wrongful Death and Survivor Claims: When an Injury Is Fatal |